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(영문) 대전지방법원 2013.12.24 2013고합356
강간상해등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 07:00 on June 17, 2013, the Defendant: (a) performed a dispute between the Defendant’s daily behaviors, where the Defendant drinked to the above her mother line and continued to drink at the first met or a week of the same day; (b) was in the said room only at one of the victims E (at 21 years of age); (c) was frightening the victim to rape; (d) was discharged from his clothes; (e) was frightening the victim’s shoulder; (e) took off the victim’s clothes; and (e) took off the victim’s hair, she was frightened to the her head; (e) took off the victim’s clothes; (e) took the victim’s hair on the body of the victim; and (e) took off the victim’s hair on the part of the victim’s clothes; and (e) took off the victim’s hair from the victim’s hair on the face; and (e) took off the part of the victim’s clothes, including sexual intercourse.

2. A public performance and obscenity Defendant, at around 07:35 on the same day as that of paragraph 1, committed publicly obscene acts, such as exposing her sexual organ, while he/she is under surveillance, who is in the front of a restaurant "F" in the same Dong and in his/her neighboring roads, and who are in the cover of his/her clothes.

Summary of Evidence

【Criminal Facts of Paragraph 1 at the Time of Sales】

1. A statement that the defendant has inflicted an injury on the victim while engaging in rape in sexual intercourse once more than 20 times in consideration of the amount of 20 times in the ruling at the time and place set forth in this Act;

1. Statement of the police statement regarding E;

1. Descriptions of a medical certificate and a written confirmation of medical treatment;

1. Video images of a photograph after a CCTV closure (the crime of paragraph (2) at the time of display);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant Articles 301, 297 of the Criminal Act and Article 245 of the Criminal Act concerning facts constituting an offense (the point of injury by rape, the choice of limited imprisonment), and Article 245 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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